E-Pass Technologies, Inc. v. Moses & Singer, LLP et al

Filing 169

ORDER GRANTING PLAINTIFFS MOTION TO COMPEL (Dkt. No. 167) signed by Magistrate Judge Jacqueline Scott Corley (ahm, COURT STAFF) (Filed on 7/2/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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E-PASS TECHNOLOGIES, INC.,
Plaintiff,
v.

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Case No. 09-5967 EMC (JSC)
ORDER GRANTING PLAINTIFF’S
MOTION TO COMPEL (Dkt. No. 167)

MOSES & SINGER, LLP, et al.,
Defendants.

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Now pending before the Court is the parties’ joint discovery letter regarding Plaintiff’s
request for attorney compensation agreements between Defendant Moses & Singer, LLP and
Defendant Stephen N. Weiss, as well as additional compensation information. (Dkt. No. 167).
After carefully considering the parties’ written arguments, and having had the benefit of oral
argument on July 2, 2012, including argument from counsel for Defendant Stephen Weiss, the
Court GRANTS Plaintiff’s motion to compel as set forth below.
Plaintiff has established a compelling need for the compensation agreements. The
primary theory of Plaintiff’s claims is that Defendants’ financial incentive to pursue litigation
rather than licensing agreements caused Defendants to advise Plaintiff to pursue frivolous
patent litigation. Plaintiff also alleges that Defendant Weiss lied about his specific financial

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incentive to induce Plaintiff to rely on his advice. (Dkt. No. 141 ¶ 57.) Thus, the documents

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sought are directly relevant to this specific case.

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Plaintiff’s need for the documents outweighs any privacy interest Defendant Weiss has

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in the documents, especially since the documents will be produced subject to a protective

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order. Defendant Weiss’s somewhat vague testimony about his compensation does not

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eliminate Plaintiff’s need, and does not answer the “threshold” question posed by Plaintiff.

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The Court also finds that Plaintiff has a compelling need for the compensation

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information that would be in the “Elite Contract Distribution Reports.” In lieu of producing

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the reports, Defendant Moses & Singer shall provide the yearly compensation information for

Northern District of California

Mr. Weiss contained in the Reports in response to a supplemental interrogatory which

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United States District Court

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Plaintiff shall serve by Tuesday, July 3, 2012.

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Accordingly, on or before July 11, 2012, Defendant Moses & Singer shall produce all

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employment/partnership agreements with Defendant Weiss that governed during the relevant

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time frame. Defendant may redact any private information that is unrelated to any

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compensation that Defendant Weiss may have received as a result of his representation of E-

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Pass. By that same date Defendant shall respond to Plaintiff’s supplemental interrogatory.

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All of this discovery shall be produced subject to the protective order governing this case.

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This Order disposes of Document No. 167.

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IT IS SO ORDERED.

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Dated: July 2, 2012
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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